Sensible and Needed Reforms to AB 109 and Prop 57

By Eric Siddall

Assemblyman Ian Calderon has proposed a sensible reform to fix some of the problems of AB109 and Proposition 57. This legislation came about when it was clear that the gang member who murdered Whittier Police Officer Keith Boyer was given repeated 10 day “flash incarcerations” for each of his five separate parole violations. Under the prior system, he could have spent a year in prison for just one violation.

AB 1408 implements three basic reforms. It requires county probation departments to seek parole revocations for a third violation. It requires consideration of an inmate’s entire criminal history by the parole board. Lastly, it increases information sharing between the state and the county regarding the criminal history.

AB 109 artificially deflated the recidivism rates. It did so by shifting parole responsibility for many felonies to county probation departments. AB 109 also shortened parole violations by creating a new system of 10 day “flash incarcerations.” AB 1408 will help address these shortcomings.

In a recent blog we highlighted the violent history of the “Most Wanted” parolees being sought for parole violations by the LA County Probation Department. It certainly does not help public safety when repeated parole violations are dealt with by a slap on the wrist via a 10 day “flash incarceration.”

Assemblyman Calderon’s legislation is a sensible first step to advance public safety. He noted this legislation was a product of intense discussion with law enforcement, and that it endeavored “to set some practical ground rules and enhance the tools available to law enforcement operating under these reforms.”

We noted in a previous blog the failure of the California Department of Corrections and Rehabilitation to publish offender information that had previously been available for years. With the vast majority of parolees now supervised by county probation it is hard to assemble accurate information on parolee recidivism. The state should certainly provide that information so the public can evaluate whether this attempt at “parole reform” has been effective, or simply a way to game statistics regarding recidivism rates.

The problems AB 109 has created can only be addressed via state legislation. We applaud Assembly Calderon for taking the first step in that direction.

Eric Siddall is Vice President of the Association of Los Angeles Deputy District Attorneys, the collective bargaining agent representing nearly 1,000 Deputy District Attorneys who work for the County of Los Angeles. To contact a Board member, click here.